Covenant of easement

[falcon]

We have a small two lot development going in that will require shared access. The lots are owned by the same person now, so an easement cannot be granted.

I read with interest the topic here: https://forums.californiasurveyors.org/ ... t=covenant . It seems that the update to the new system has broken the links to the old attachments, or they were removed by the posters.

Does anyone have an example of a covenant of a recorded "Covenant of easement" document? I've found different covenants recorded in our county but not for an easement so far.

No map involved, just building permits.

I will continue searching though other threads as well to see what I find as far as information on the process that others have done.

Thanks!

[marchenko]

I think San Luis Obispo County Public Works has an online one you can download. If that does not work I have one or two for different jobs I can dig up.

George Marchenko

[Chiara]

The direction you go may be steered by the jurisdiction you're working in. For example, are CC&Rs or an Easement Declaration a map condition? Often times a stand-alone Easement Declaration may be prepared, or private reciprocal easement reservations may be included in CC&Rs, which may be recorded concurrently with the map. In such cases, I'll generally add a note to the map referencing the CC&Rs or Easement Declaration. In either case, it's a legal document that should be drafted by an attorney. My opinion is my surveying license doesn't enable me to practice law. I'll provide supporting exhibits, if necessary.

Absent a separate instrument that declares easements, you could place a note on your map along the lines of "Private easements for _________ shall be granted/reserved, as may be appropriate, with the conveyance of the parcels delineated hereon."

If it's simply access across the common parcel line, then you may be able to simply delineate the easement on your map and place a note similar to above on it. In that case, the map doesn't actually establish the private easement (though future title reports are almost certainly going to cite it), but it does demonstrate the intent and can be referred to & granted or reserved in a future deed. Even if it's not conditioned, an Easement Declaration drafted by an attorney may be beneficial to the future owners. For example, a declaration can cover issues such as maintenance.

Hope this helps,

Michael Chiara

[falcon]

Lots of great info thank you @chiara. No map however, and no condos either, so no true CC&R's. Just two house permits sharing access.

Maybe advising a land use attorney is the way to go. Excellent point.